The Taliban regime approved a 31-article family law titled "Principles of Separation Between Spouses" in mid-May 2026, which includes provisions legalizing child marriage in Afghanistan [1]. The law states that the silence of a virgin girl after reaching puberty may be interpreted as consent to marriage, while the silence of a boy or previously married woman does not count as consent [1, 2].
The new regulation also allows marriages arranged by relatives other than the father or grandfather to be considered valid if the spouses are socially compatible and the dowry is appropriate. Such marriages can only be annulled by a Taliban court order after the child reaches puberty [1, 2]. Taliban judges have broad authority to intervene in disputes involving adultery, religious conversion, prolonged absence of husbands, and classical Islamic divorce practices [1].
Under Taliban rule since August 2021, strict restrictions on women’s education, employment, travel, and public participation have already been imposed in Afghanistan [1, 2]. In 2025, a forced marriage case involving a 6-year-old girl in Helmand province and a 45-year-old man was temporarily stopped by Taliban officials, but they ordered the man to take the girl home until she reaches 9 years old [2].
According to advocacy group Girls Not Brides, about 28.7% of Afghan girls marry before age 18, while 9.6% marry before 15. The United Nations reports a 25% increase in child and forced marriages under Taliban rule [2].
The family law formalizes these patterns by granting legal recognition to child marriages and limiting grounds for annulment. It gives Taliban courts key roles in adjudicating marriage disputes and consent issues. Enforcement details remain tied to local court decisions.
The Taliban’s issuance of this law marks the latest step in its comprehensive legal overhaul affecting family and women’s rights. The family law took effect immediately after its approval by Taliban supreme leader Hibatullah Akhundzada in May 2026 [1].
